Appendix A. UNIFIED DEVELOPMENT CODE

Article 5. SUPPLEMENTAL REGULATIONS/PERFORMANCE STANDARDS FOR SPECIFIC USES

§ 5.04. Primary Uses and Structures

Latest version.

Adult Care Center

These may be permitted subject to the following:

Shall comply with all regulations promulgated by the North Carolina Department of Human Resources;

Shall maintain the residential characteristic of the surrounding neighborhood;

Shall provide and maintain secure fencing along side and rear yard perimeters of property;

Hours of operation shall be limited to 6:00 a.m. to 7:00 p.m.;

On premise pick-up and drop-off areas shall be provided;

All staff parking shall be provided and maintained in the rear yard;

All drive and cuts shall be approved by the City Engineer and the North Carolina Department of Transportation, when applicable; and

Uses designed to accommodate more than thirty (30) adults shall be located on and have direct access to a collector street.

Adult Entertainment Establishment

Any structure or use of land as defined in Section 9.02 which includes the following: adult arcades, adult bookstores, adult cabarets/clubs, adult live entertainment, adult live entertainment businesses, adult motels or hotels, adult motion picture theaters, adult mini-motion picture theaters, adult theaters, adult video stores, escort agencies, adult massage businesses, nude model studios, and sexual encounter centers, provided they may not be located within two thousand (2,000) feet of another use permitted under this section, measured from the exterior walls of the buildings containing such regulated use. No use permitted may be located within one thousand five hundred (1,500) feet of an area zoned or used for residential purposes (including retirement/nursing homes, churches, schools, parks or day cares), measured from the exterior walls of the building(s) containing such regulated uses. Any display, device or sign that depicts or describes specified sexual activities or specified anatomical areas shall be out of the view of the public way and surround properties.

Amusement Arcades, Pool Halls & Billiards (indoor)

No such establishment shall be located within seven hundred (700) feet of another amusement arcade, pool hall or billiard.

Amusement Parks

These may be permitted upon approval from the Fire Marshal's Office and subject to the following:

Shall not be located within one thousand (1,000) feet of any zoning district permitting residential uses;

Shall have a minimum lot size of ten (10) acres;

Setbacks for structure's equipment shall be one hundred (100) feet from property line;

Hours of operation shall be limited to 9:00 a.m. to 11:00 p.m.;

Lighting shall not be directly visible from any residential zoning district; and

Shall have direct access to an arterial street, as designated by the Comprehensive Transportation Plan.

Animal Hospitals, Small

These may be permitted subject to the following:

Shall be limited to only the treatment of household pets and similar small animals;

All activities associated with the hospital must be conducted within the enclosed principal structure; no outside runs and/or outside boarding of animals are permitted; and

Shall not be located any closer than one hundred (100) feet to a residential zoning district.

Animal Hospitals, Large

These may be permitted subject to the following:

Accessory structures used to house animals shall be located no closer than one hundred (100) feet to any structure used for residential purposes.

Grazing areas shall also meet a one hundred (100) foot separation.

Area shall be maintained in a neat and orderly fashion as not to create nuisance (odor, flies) to adjacent properties.

Baseball Hitting Range

These may be permitted subject to the following:

Hours of operation shall be limited to 9:00 a.m. to 10:00 p.m.;

A type F buffer shall be required between a baseball hitting cage and a residential lot pursuant to Section 6.04 of this code; and

Lighting sources shall not be directly visible from adjacent property or street right-of-way.

Bed and Breakfast

These may be permitted subject to the following:

No more than five (5) bedrooms per dwelling shall be used for bed and breakfast guests at any time;

Accommodations shall be provided to no more than ten (10) guests at any time;

One (1) additional parking space shall be required for each bedroom accommodation in addition to the required number of spaces for the residential use;

Parking spaces shall be provided in the side or rear yard and shall not be permitted in the front yard as defined by the principal structures building line;

No on-street parking shall be permitted for the residents of the house or the bed and breakfast guests;

The duration of a guest's stay shall be less than one (1) week, defined herein as seven (7) consecutive calendar days;

The operators of the bed and breakfast operation must be full time residents of the structure;

Signs for the operation shall not exceed four (4) square feet and be non illuminated;

10.

The serving of meals to patrons of the bed and breakfast operation shall be limited to breakfast only;

11.

An escape route drawing shall be posted in each guest room;

12.

Smoke detectors shall be located in hallways outside the guestrooms;

13.

A centrally located five-pound, minimum, ABC fire extinguisher shall be located on each inhabited floor; and

14.

An operable telephone shall be located on each inhabited floor.

Bus Garages

These may be permitted subject to the following:

All maintenance shall be performed within an enclosed structure;

No outside or open storage of parts, wrecked or dismantled vehicles; and

Parking and storage of buses shall be within a fenced or otherwise screened area sufficient to screen them from public view, defined herein to mean not visible from adjoining properties or street right-of-way.

Bus Shelters

These may be permitted subject to the following:

The shelter will serve patrons of a publicly-owned or franchised bus system, operating exclusively within the Statesville Planning area;

The shelter may be located on public or private property, but if on private property, it shall not occupy more than ten percent (10%) of the required setback area; and

Compliance with City Code provisions regarding sight distances and sight triangles at intersections and driveways shall be required.

Camps, Non-profit

These may be permitted subject to the following:

Shall be located on a lot with a minimum size of five (5) acres;

Building setbacks shall be fifty (50) feet from all property lines;

A site plan shall be provided to the City of Statesville Planning Department for any proposed changes or updates not consistent with the site plan approved by the City;

A type E buffer shall be required between any camp and a residential lot pursuant to Section 6.04 of this code; and

Outdoor lighting sources shall not be directly visible to adjacent property owners.

Camps, Recreational Vehicles

These may be permitted subject to the following:

Trailer spaces shall be rented by the day or week only, and occupants may remain in the same park for no more than thirty (30) consecutive days.

Trailers shall be separated from each other and from other structures by at least ten (10) feet, including, trailer appurtenances such as attached awnings, carports, or individual storage facilities shall be exempt from this requirement.

Density shall not exceed twenty-five (25) spaces per gross acre. However, the Planning Board may approve a density bonus when sensitive environmental features are preserved.

All parks shall contain at least one (1) recreation area which is easily accessible from all spaces. The recreation area shall not be less than eight percent (8%) of the gross park area or two thousand five hundred (2,500) square feet, whichever is greater.

All trailers shall be located at least thirty (30) feet from any park boundary line abutting a public street or highway.

Parking and maneuvering space shall be designed so the largest anticipated vehicle will not use any public street, sidewalk, public right-of-way, or adjacent private property to accomplish any movement within the park.

Internal streets and roadways shall be stabilized and comply with the following paving standards:

Roadway Type	Roadway Width
One-way, no parking	11 feet
One-way, parking on one side only	24 feet
Two-way, no parking	25 feet
Two-way, parking on one side only	27 feet
Two-way, parking on both sides	34 feet

The park shall be served by a potable water supply providing a quantity and pressure necessary for reasonable service. The water supply shall provide connections to each trailer space.

A sanitary sewer system conforming to state, county, and City requirements shall serve each trailer space.

10.

A central service building shall be provided within three hundred (300) feet of areas designated for dependent trailers. All common buildings for use by park users shall provide the following amenities:

Parking Spaces	Toilets		Urinals/Lavatories			Showers		Other Fixtures
Parking Spaces	Men	Women	Men	Men	Women	Men	Women	Other Fixtures
1-15	1	1	1	1	1	1	1	1 each
16-30	1	2	1	2	2	1	1	1 each
31-45	2	2	1	3	3	1	1	2 each
46-60	2	3	2	3	3	2	2	2 each
61-80	3	4	2	4	4	2	2	2 each
81-100	3	4	2	4	4	3	3	3 each
101 or more	1 add'l per 30 spaces	1 add'l per 30 spaces	1 add'l per 100 spaces	1 add'l per 30 spaces	1 add'l per 30 spaces	1 add'l per 100 spaces	1 add'l per 100 spaces	1 add'l per 30 spaces

Notes:

Parking spaces for dependent trailers.

Clothes washing and drying machines, ice making machine, service sink with flushing rim or sanitary station for disposal of liquid waste.

11.

Additional required facilities:

Travel trailer parks designed for and exclusively limited to use by self-contained trailers shall only be required to provide one (1) flush toilet and one (1) lavatory per gender for each one hundred (100) trailer spaces or fraction thereof.

Travel trailer parks operated in connection with a resort or other business establishment shall provide the required facilities independent of those required of the resort or other business.

12.

The storage, collection, and disposal of refuse in the park shall comply with state, county, and City regulations.

13.

The person to whom a certificate of occupancy is issued shall operate the park in compliance with this Section, provide adequate supervision, and maintain the park facilities and equipment in a safe and sanitary condition at all times.

Cemetery, Animal

These may be permitted subject to the following:

Shall comply with all regulations promulgated by the North Carolina General Statutes regarding the interment of animal remains;

Shall be located on a lot with a minimum size of one (1) acre;

No interment shall occur within thirty (30) feet of any property line;

All structures associated with cemetery shall be setback a minimum of twenty-five (25) feet from all property lines.

Cemetery, Human/Mausoleum

These may be permitted subject to the following:

Shall comply with all regulations promulgated by the North Carolina General Statutes regarding the interment of human remains;

Shall be located on a lot with a minimum size of two (2) acres;

Adequate space within the site shall be designated for parking and maneuvering of funeral corteges;

No interment shall occur within thirty (30) feet of any property line;

All structures shall meet the required minimum setback of the underlying zoning district or be twenty five (25) feet from any property line, whichever is greater;

All structures over twenty-five (25) feet in height must provide an additional bulk setback of two (2) feet for each foot or fraction thereof exceeding twenty-five (25) feet; and

Maximum height shall not exceed height permitted in the underlying zoning district or fifty (50) feet, whichever is more restrictive.

Child Care Center

These may be permitted subject to the following:

Generally

Shall comply with all regulations promulgated by the North Carolina Department of Human Resources;

Shall maintain the residential characteristic of the surrounding neighborhood;

Hours of operation shall be limited to 6:00 a.m. to 7:00 p.m.;

On premise pick-up and drop-off areas shall be provided;

All staff parking shall be provided and maintained in the rear yard;

All driveway cuts shall be approved by the City Engineer and the North Carolina Department of Transportation, when applicable;

The outdoor play areas shall be enclosed with a fence, which shall be built and maintained to a minimum of four (4) feet in height. No play areas shall be permitted in the required front yard;

Minimum lot size shall be thirty thousand (30,000) square feet;

Child care centers with more than thirty (30) children are limited to churches, schools and parks.

Child Care Drop-In/Short Term Facility

Facilities must register with the State and are required to post a notice that they are not regulated by the State. If no outdoor play area is provided the facility may choose to provide thirty-five (35) square feet per child of indoor space in lieu of the outdoor play area as long as no child remains in care for more than a four-hour period per day.

Houses of Worship, Storefront in CB and CBP

Houses of Worship (storefront) shall be a permissible use within existing commercial buildings as an accessory use to the principal use of the property in the CB and CBP Districts provided they do not conflict with the normal hours of operation of the principal use.

Clean Material Landfill

These may be permitted subject to the following:

Shall comply with all requirements administered by the North Carolina Department of Environment and Natural Resources (DENR).

Copies of all permits shall be made available to the planning director or his designee.

Review and verification of site plans showing location of fill activities and copies of State certification are necessary prior to zoning clearance by staff.

Fill may not be placed within boundaries of designated floodways except as permitted in Section 2.25 of this code.

Clubs, Civic and Private

These may be permitted subject to the following:

Minimum setbacks of forty (40) feet shall be maintained.

Parking and service areas shall be limited to rear and side yards.

Structure design and bulk shall be compatible to surrounding neighborhood.

Lighting sources shall not be directly visible to adjacent properties.

A type C buffer shall be required between this use a residential lot pursuant to Section 6.04 of this Code.

If use is designed for membership exceeding twenty-five (25) people, then direct access to a collector or arterial street, as designated in the Comprehensive Transportation Plan, shall be provided.

Colleges, Universities, Technical Schools

These may be permitted subject to the following:

Shall have direct access to a collector or arterial street, as designated by the Comprehensive Transportation Plan;

Service entry shall be limited to rear and side yard;

Structure design and bulk shall be compatible with surrounding neighborhood; and

A type C buffer shall be required between this use and a residential lot pursuant to Section 6.04 of this Code; and

Outdoor lighting source shall not be directly visible to adjacent properties.

Communication Towers

The regulations and requirements of this section are intended to provide for the location and development of commercial broadcast, non-commercial residential, and amateur radio service telecommunications towers, antennas and antenna supporting structures, and are in addition to any applicable regulations set forth in Federal Communications Commission (FCC) regulations, Federal Aviation Administration (FAA) regulations and the statutes of the State of North Carolina. All references to height include antennas, support structures and all appurtenances measured from ground level to the highest point of said structures.

Generally

All towers and antennae must meet or exceed current standards and regulations of the Federal Aviation Administration, the Federal Communications Commission or such governing agency guidelines as may be established by named agencies. All towers and antennae must be updated and brought into conformity with such standards and regulations within six (6) months of their adoption.

They shall be erected and located to eliminate damage to adjacent properties in case of collapse. Antennas, guy wires, guying anchors, electrical equipment and energy transfer components shall be installed according to manufacturers specifications using sound engineering and safety practices.

They shall not interfere with air traffic or air travel to or from any existing or proposed airport.

Antennas and supporting structures shall be installed in a manner that meets or exceeds manufacturers installation instructions.

Antennas and supporting structures shall be installed so as to prevent safety hazards to persons on or off the property under any circumstances which reasonably can be anticipated.

A building permit shall be required for any antenna or antenna supporting structure extending more than thirty-five (35) feet above the ground level and any freestanding antenna or antenna supporting structure extending more than twenty-five (25) feet above ground level. The Director may require submission of documentation to verify compliance with any specific applicable building or electrical code(s).

Towers shall maintain either a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color, so as to reduce visual obtrusiveness. At a tower site, the design of the buildings and related structures shall use materials, colors, textures, screening, and landscaping that will blend the tower facilities to the natural setting and built environment.

The base of the tower shall be screened on all sides with a Buffer Yard consisting of four (4) understory trees and six (6) shrubs per fifty (50) linear feet.

Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the City may review the available lighting alternatives and approve the design that will cause the least disturbance to the surrounding views.

All towers and antennae shall be equipped with an anti-climbing device such as a six (6) foot wall, fence, or other appropriate devices to prevent unauthorized access.

If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color or colors that is identical to or closely comparable with the supporting structure and/or surrounding area so as to make the antenna and related equipment as visually unobtrusive as possible.

The required landscaped buffer shall be implemented in connection with a permitted project in order to:

(1)

Screen the tower to enhance aesthetic appeal;

(2)

Control or direct vehicular and pedestrian movement;

(3)

Reduce glare;

(4)

Buffer noise; and

(5)

Establish privacy.

Commercial Antennas

Antennas shall be set back from property lines a distance equal to or greater than one-half (½) the height of the antenna and supporting structure or fifty (50) feet from front, rear and sideyard setbacks, whichever is greater.

Co-location shall be required when feasible.

Transmitters on water towers shall be permitted within any zoning district.

Shall not be located within three hundred (300) feet of an existing dwelling within a R-A or R-20 zoning district.

Shall not be located within three hundred (300) feet of a R-15, R-10, R-8, R-5, M, MF, O-1, O & I-2, B-1 or B-2 zoning district, unless concealed within a church steeple, farm silo, or other architectural details.

Shall not be located within one thousand five hundred (1,500) feet of another communication tower in a R-A, R-20, CB, CBP, B-3, B-5, LI or HI zoning district, unless concealed within a church steeple, farm silo, or other architectural details or located on top of existing structures exceeding fifty (50) feet in height.

The base of the tower shall be screened on all sides with a Buffer Yard consisting of four (4) understory trees and six (6) shrubs per fifty (50) linear feet.

An applicant for a building permit for a commercial antenna system shall provide an engineering report specifying the following information:

(1)

Detailed structural plans for the antenna and the support system; and

(2)

An engineer's certification that anticipated levels of electromagnetic radiation to be generated by facilities on the site, including the effective radiated power (ERP) of the antenna, shall be within the guidelines established by the Federal Communications Commission (FCC). An antenna radiation pattern shall be included for each antenna, along with directional data concerning the pointing of any directive antennas.

Amateur Radio Antennas

Shall be erected and placed to eliminate damage to adjacent properties in case of collapse.

Shall not interfere with air traffic or air travel to or from any existing or proposed airport.

Community Centers

These may be permitted subject to the following:

Structure design and bulk shall be compatible to surrounding neighborhood;

All required side and rear yard setbacks shall be a minimum of forty (40) feet;

On premise pick-up and drop-off areas shall be provided;

Lighting sources shall not be directly visible to adjacent properties;

A type D buffer shall be required between any camp and a residential lot pursuant to Section 6.04 of this Code; and

If membership is not limited to residents of surrounding residential neighborhood, the site shall be located on and have direct access to an arterial or collector street as designated in the Comprehensive Transportation Plan.

Condominium Development

Condominium structures shall conform to the requirements in this Code and State law.

Unit ownership shall be established through an express declaration submitting the property to the provisions of the Unit Ownership Act of North Carolina, which shall be prepared in strict conformance with the Act, and recorded with the Register of Deeds.

Congregate Living Facility

These may be permitted subject to the following:

The requirements and standards of the North Carolina Department of Human Resources shall and continue to be met.

No other congregate living facility or professional residential facility shall be located closer than two thousand (2,000) feet to such use.

Each facility shall be designed and constructed to appear similar to a residential structure as possible.

A sign not to exceed one and one-half (1½) square feet may be erected flush mounted to structure or on mailbox shall be permitted.

No other external evidence of use shall be visible from adjacent property, public or private.

Convenience Stores

These may be permitted subject to the following:

Maximum building structure may not exceed three thousand five hundred (3,500) square feet of gross floor area;

Shall be no more than four (4) gas pumps;

All outdoor lighting sources shall not be directly visible from adjacent properties;

Shall be limited to two (2) driveway cuts and curbs shall be maintained to limit access to specific driveways;

Banners, flags, streamers, portable signs are prohibited.

Dwellings, CB, CBP and H-115 Zoning Districts

There shall be no minimum lot area for single family dwellings. Two-family dwelling units shall have a minimum of one thousand (1,000) square foot lot size. Density standards of the R-5MF (High Density) shall apply to multi-family use except the maximum densities shall be forty (40) dwelling units per acre. All construction shall meet the requirements of the North Carolina State Building Code.

Dwellings, Planned Multi-Family Developments

A planned multi-family development, which shall contain two (2) or more multi-family buildings, three (3) or more duplexes or any combination of units thereof, established on a single development tract, using a unified design elements and coordinated organization of open space and service areas and developed according to an approved site plan, may be permitted subject to the following:

Planned multi-family development shall only be allowed in the R-8MF Medium Density Multi-Family Residential District and the R-5MF High Density Multi-Family Residential District, subject to the following requirements:

Minimum side and rear yard setbacks shall conform to the underlying district. However, where adjoining land is developed with single-family dwellings or zoned for single family dwellings only, the side setback shall be fifteen (15) feet and the rear setback shall be thirty-five (35) feet.

Every residential building in a planned multi-family development shall be located at least fifteen (15) feet from every other building within the development.

Every residential building shall be located within three hundred (300) feet of a public or private street providing access to the building.

Buildings shall be setback at least twenty (20) feet from private street right-of-way, and ten (10) feet from the edge of driveway pavement.

Interior streets may be designated as private streets by the City Council, upon considering the adopted Comprehensive Transportation Plan, existing and proposed neighborhood streets and circulation needs, the relationship of the site to adjoining lands, the size and shape of the development, the number of dwellings within and adjacent to the development, and anticipated traffic volumes.

The design and arrangement of private streets shall be reviewed by the Planning Board and approved by the City Council.

Private streets for developments with six (6) or more units shall have a minimum thirty (30) feet of right-of-way and twenty (20) feet paving for two-way traffic and twenty (20) feet right-of-way unobstructed and ten (10) feet paving for one-way traffic. Minimum right-of-way requirements do not include parking lanes.

Developments with fewer than six (6) units shall have a private driveway with a minimum paving of fourteen (14) feet.

For purposes of this section, pavement width shall be measured between curbs.

Angled parking spaces may be permitted along one (1) side of a private street, provided they do not exceed fifty percent (50%) of the length of the street.

Each building group within the development shall have access to at least one (1) public or private street with a longitudinal grade no greater than ten percent (10%).

The parking and circulation plan shall provide safe, quick and convenient access and circulation for emergency, refuse collection, service, and delivery vehicles.

The plan shall indicate locations and service connections for fire hydrants and refuse collection points.

Service sides shall be identified with due consideration given to the location of refuse collection points, mechanical equipment, ingress and egress, and building design and arrangement.

Unenclosed parking areas for developments larger than one (1) acre shall be located no closer than fifteen (15) feet from a building. Unenclosed parking areas for developments one (1) acre or less shall be located no closer than eight (8) feet from a building. Unenclosed parking areas shall be located no closer than five (5) feet from purely service sides and ends of buildings without access.

Planned multi-family developments shall be submitted and processed as Type 3 applications. Site plans shall be designed to minimize adverse impacts from the development on surrounding properties. Creativity in site plan design shall account for the size and shape of the tract, topography and grading, the reasonable preservation of natural features and vegetation, the size and relationship of buildings, and the character and relationship of adjoining properties. Buildings should be arranged so building fronts do not face building rears. Site design shall also address the location and arrangement of recreation and parking areas, the nature and extent of screening, and street and open space design and utilization, both internal to the site and in relation to surrounding properties.

AA.

Family Care Home

These may be permitted subjected to the following:

Requirements and standards of the North Carolina Department of Health and Human Services shall and continue to be met.

Certification shall be made available to planning director or his designee prior to certificate of occupancy and on an annual basis certifying criteria has continued to be met.

No such establishment shall be located within a one-half-mile radius of another congregate living facility, or family care home as measured in a straight line, from the closest property lines of the respective facilities.

Facilities shall not be used for the personal care and habilitation of mentally ill persons who are dangerous to others as defined by G.S. § 122C-3(11)(b).

Design and bulk of structure shall be compatible to surrounding neighborhood.

BB.

Farming, Truck Gardening, Crop Production, Tree Farm

These may be permitted subject to the following:

Shall be permitted provided that all farm buildings housing animals shall not be located closer than one hundred (100) feet to an existing structure used for residential purposes.

CC.

Flea Market (Outdoor)

These may be permitted subject to the following:

Outdoor flea markets shall be maintained as licensed retail business.

A Permanent office shall be located on the same lot as the flea market.

Any structure used in conjunction with the event shall meet all applicable zoning, health, safety and building code requirements. Any temporary structure used shall be promptly removed upon the cessation of the event.

Tables, booths, shelters shall comply with all setback requirements.

The lot shall be maintained in neat and orderly fashion.

One (1) sign may be maintained identifying the flea market, but banners, flags and streamers are prohibited.

DD.

Food Stores

These may be permitted subject to the following:

Shall be located on and have direct access to collector or arterial street, as designated by the Comprehensive Transportation Plan;

All loading, delivery and service areas shall be from rear of building;

Outside display of merchandise is prohibited.

EE.

Fraternities & Sororities

These may be permitted subject to the following:

Minimum lot size shall be fifteen thousand (15,000) square feet;

There shall be useable floor space of no less than two hundred fifty (250) square feet per resident;

Parking shall be located in the rear or side yard and adequately screened;

One (1) non-illuminated sign not exceeding nine (9) square feet may be erected;

Structure design and bulk shall be compatible with surrounding neighborhood;

Sources of outdoor lighting shall not be directly visible to adjacent properties.

FF.

Funeral Parlors and/or Crematoria

These may be permitted subject to the following:

Shall be located on and have direct access to collector or arterial street, as designated by the Comprehensive Transportation Plan;

Parking shall be located in the rear or side yard;

Structure design and bulk shall be compatible with surrounding neighborhood.

GG.

Gas Stations

These may be permitted subject to the following:

Maximum lot size shall not exceed twenty thousand (20,000) square feet;

The building structure may not exceed two thousand (2,000) square feet;

Auto maintenance service bays and carwashes shall be prohibited;

There shall be no more than two (2) driveway cuts and a curb shall be maintained limiting access to drive cuts;

Banners, flags, streamers and portable signs are prohibited.

HH.

Glass and Mirror Sales and Repair

These may be permitted subject to the following:

All services shall be conducted within an enclosed structure, with no open view of vehicles to be repaired.

The service area shall not exceed one-half (½) of the gross floor area.

II.

Jails

These may be permitted in the downtown municipal service district and properties adjacent thereto subject to the following:

The height may be increased up to eighty (80) feet.

Streetscape elements such as streetlamps and brick pavers may be required.

JJ.

Laboratories, Research/Testing

These may be permitted subject to the following:

A floor plan, list of chemicals, chemical amounts and chemical storage area information, including contents and location, shall be provided to the City Fire Marshal. This information shall be maintained, updated and provided to the City Fire Marshal.

Labs shall not be located within one thousand (1,000) feet of an existing residential use or zoning district.

All activities and storage shall be within an enclosed structure and the property enclosed with a secure fence.

KK.

Manufactured/Mobile Housing

The purpose of this section is to ensure manufactured housing shall have the appearance of an on-site, conventionally-built residential dwelling. The conditions of this Section apply to manufactured and modular homes.

A Class A manufactured house shall comply with the following development and design standards:

All manufactured homes shall conform to single-family residential design standards established pursuant to these Regulations.

The home shall have a minimum width of sixteen (16) feet, measured perpendicular to the longest axis at the narrowest cross section.

The home shall have a maximum length up to four (4) times its width, measured along the longest axis.

The longest axis of the home shall be oriented within ten (10) degrees of perpendicular to the lot frontage.

All homes shall abut a paved roadway which shall be adequately lighted and drained and have direct access to collector or arterial street as designated by the Comprehensive Transportation Plan.

The home shall be secured in accordance with North Carolina Department of Insurance standards, including a permanent and continuous perimeter masonry foundation or masonry curtain wall leaving no uncovered open areas excepting vents and crawl spaces constructed in accordance with North Carolina Uniform Residential Building Codes for One- and Two-Family Dwellings. Anchor design shall be approved by the City Engineer prior to installation and shall comply with any requirements of the State. All wheels, hitches, axles, transporting lights and removable towing apparatus shall be permanently removed prior to installation of the home.

Homes shall have a pitched roof, with a slope that rises vertically not less than three and one-half (3½) inches for each twelve (12) inches of a horizontal run. Roof material shall be class C or better and commonly used in standard residential construction. Eaves shall measure at least six (6) inches, including a gutter.

The exterior material shall be of a color, material and appearance compatible with those of existing single-family dwellings including, but not limited to: residential horizontal aluminum lap siding, residential horizontal vinyl lap siding, cedar or other wood siding, wood grain, weather resistant, press board siding, brick, stucco, stone or masonry siding, or other siding materials which are determined by the Planning Works Director to be aesthetically compatible with the above-referenced materials. Flat or corrugated sheet metal shall not be used for exterior siding material. The exterior covering material shall extend to the top of the perimeter foundation.

Canopies and awnings may be attached to any home and may be enclosed and used for recreation or sun room purposes. A building permit shall be required when enclosed for living purposes.

Stairs, porches, entrance platforms, ramps and other means of ingress/egress shall be constructed in accordance with North Carolina State Building Codes. Wood stairs shall only be used with a porch or entrance platform measuring at least twenty-four (24) square feet.

Exceptions to these single-family residential design standards may be authorized when the City finds that the exception will enhance the architectural character of the home and neighborhood and be compatible with adjacent development.

Class A manufactured homes placed on individual lots shall be located upon the lot in conformance with the requirements of the underlying zoning district.

Class B manufactured homes may be placed on an individual lot if one (1) of the following conditions exists:

The lot is located within a subdivision restricted to manufactured homes; or

The lot is not situated within a subdivision containing four (4) or more lots with twenty-five percent (25%) of the housing being site-built single family structures, and seventy-five percent (75%) of the land area within two hundred (200) feet of the manufactured home lot is vacant or developed with other manufactured housing.

The home must have skirting completely enclosing the undercarriage from the ground up, made of a material compatible with the exterior finish of the manufactured home.

Each conventional and manufactured home being moved, constructed installed, located, or relocated within the City after the effective date of this Code shall not be allowed to locate for permanent or temporary occupancy if such manufactured home is more than seven (7) years old. The age of the manufactured home shall be measured from the day the application for building permit is submitted to the department for approval.

LL.

Manufactured Home Park

A manufactured housing park may be approved subject to the following criteria:

The park shall contain a minimum of two (2) acres, have at least five (5) spaces available at first occupancy, and have no more than seven (7) homes per gross acre.

Each space shall provide at least sixteen (16) feet of front yard, ten (10) feet of rear yard, twenty (20) feet on the hitch end and ten (10) feet on the trailing end of the home.

No manufactured home or structure shall be closer than twenty-five (25) feet to any property line of the manufactured home subdivision, street or highway, nor closer than twenty (20) feet to another manufactured home or any building in the park except where manufactured homes are parked end to end, the end clearance shall be at least twenty (20) feet.

Parking shall be permitted on the front yard and the hitch end.

Access to the park shall be directly from a public road.

Two-way streets within the park shall be paved twenty-two (22) feet wide. One-way streets shall be paved eighteen (18) feet wide. Each space shall have access to a street, and shall provide two (2) off-street parking spaces in parking bays.

Driveways, streets, sidewalks, and approaches to common buildings shall be lighted at night.

Each space shall have a concrete patio at least six (6) feet wide containing a minimum of one hundred eighty (180) square feet, and joined to the parking bay by a paved walk. An unenclosed canopy, no more than eight (8) feet wide, may be placed over the patio. The patio and canopy may occupy a required yard.

The park shall be located outside the one hundred (100) year floodplain and be graded to prevent the accumulation or ponding of water. Stormwater drainage shall be confined or piped such that it will not endanger any water supply.

10.

The park shall be visually screened from adjacent properties with a landscape screen at least six (6) feet high. No landscape screen shall extend nearer to a street right-of-way than the established building line of adjoining lots. At a minimum, each manufactured home lot shall have not less than two (2) canopy trees measuring two and one-half (2½) inches caliper measured at one (1) foot above ground level at the time of planting.

11.

Service buildings or other facilities for laundry, sanitation and other uses, shall be located at least twenty-five (25) feet from property lines and shall be accessible to each manufactured home by hard-surfaced access roads and walks.

12.

At least ten percent (10%) of the property shall be designed and developed as a recreation area. Playground and recreational park spaces for use of the residents of the subdivision shall be separate in addition to the open space between the habitable structures and shall be a minimum of four hundred (400) square feet per manufactured home lot. Streets, sidewalks, parking areas and accessory buildings shall not be included in the computation of the required recreation space area.

13.

The park may have one (1) sign per entrance, each sign not to exceed twelve (12) square feet in area.

14.

The park shall be served by a potable water supply capable of providing six (6) gallons per minute at a minimum pressure of twenty (20) pounds per square inch (psi) to each space. When a public supply is unavailable, a private supply shall be approved by the Health Department. All water piping shall be constructed and maintained in accordance with State and local laws; the water piping system shall not be connected with nonpotable or questionable water supplies, or subject to the hazards of back-flow or back-siphonage. Individual water service connections shall be provided for direct use at each space and shall be constructed so that they will be protected from damage during the placement of homes.

15.

Each space shall have access to a four (4) inch sewer connection and fittings conforming to City standards. Each connection shall be designed to be closed when in use. Sewer lines shall be constructed in accordance with recommendations and standards of the City Public Works Department, adequately vented, and laid with sufficient earth cover to prevent breakage from traffic. Where the park is not connected to a public sewer, a private sewage treatment and disposal plant or septic system shall be approved by the County Health Officer. The effluent of a sewage treatment plant shall not be discharged into any waters of the State except with prior approval of the appropriate State authority and the County Health Officer. Private sewage disposal plants shall be located to not create a nuisance or health hazard to the park or its occupants, or any nearby properties.

16.

The refuse collection system shall be approved by the City Sanitation Director.

17.

All power and telephone lines shall be installed underground and shall be in compliance with the standards of the utility provider.

18.

A shelter shall be provided for every park or subdivision with more than five (5) manufactured homes. The storm shelter must be constructed to accommodate fifteen (15) square feet per manufactured home in the park.

MM.

Motor Repair, Small

Shall include repair and maintenance of residential lawn and garden equipment, chainsaws and similar equipment. All work to be done within an enclosed structure, no outside storage of any type.

NN.

Motor Vehicle Repair (major)

These may be permitted subject to the following:

All work shall be conducted in an enclosed area.

Open storage of parts, equipment or vehicles in need of repair shall be prohibited.

Storage of inoperable or wrecked vehicles for more than one hundred eighty (180) days shall be prohibited.

OO.

Motor Vehicle Repair (minor)

These may be permitted subject to the following:

All work to be conducted in an enclosed structure.

Minor repair shall include normal maintenance (oil change, tune-up, tire rotation, belt replacements) work which can be done within a day's time.

No open storage of parts, equipment, or vehicles on premise for longer than forty-eight (48) hours.

PP.

Nursing, Convalescent and Extended Care Facilities

These may be permitted subject to the following:

All requirements of the State of North Carolina Department of Human Resources shall and continue to be met.

Facilities shall not be used primarily for the treatment of contagious diseases, alcoholics, drug addicts or psychotics.

All facilities shall have direct access to a collector or arterial street as designated in the Comprehensive Transportation Plan.

Minimum lot size shall be thirty thousand (30,000) square feet.

Front, side and rear yard setbacks shall be a minimum of fifty (50) feet.

Buffers and screening shall comply with Type C Buffer Yard standards.

QQ.

Orphanage

These may be permitted subject to the following:

All requirements and standards of North Carolina Department of Human Resources shall and continue to be met.

Minimum lot size shall be twenty thousand (20,000) square feet.

Design and bulk of structure shall be compatible with surrounding neighborhood.

Parking minimums (one (1) per employee, one (1) per use vehicle, plus one-fourth (¼) per resident) shall be located in side or rear yard.

Screening of parking area shall comply with Type C Buffer Yard standards.

A sign one and one-half (1½) square feet in size may be erected flush to structure or mailbox.

RR.

Parking, Off-Street in Residential Zones

These may be permitted subject to the following:

Parking areas shall have adequate drainage, and shall be provided with bumper guards where required.

Parking areas shall be used for the parking of automobiles only on a temporary basis, with no sales, storage, repair work, dismantling, or servicing of any kind to be permitted.

All required parking spaces shall be of such design and located so as to be convenient and readily usable by the patrons.

Sufficient area shall be provided within the property lines so that all vehicles may enter and leave in a forward motion.

Screening in accordance with the "C" bufferyard whenever a parking lot abuts or is located opposite a Residential (R) district.

All parking lots shall be constructed in such a manner that contamination by dist or dust clouds will not exist. This is to be accomplished in accordance with the requirements set forth in the Vehicle Accommodation Area Surfaces section.

If night time parking is to be permitted it shall be lighted with the provision that the lights shall be shielded so as to prevent direct beaming into adjoining residential areas. This provision may be deleted if a majority of the abutting property owners formally object to the lighting.

SS.

Philanthropic and Eleemosynary

These may be permitted subject to the following:

Shall be operated on nonprofit basis.

Parking and service areas shall be limited to rear and side yard.

Parking area shall comply with Type C Buffer Yard standards.

Design and bulk of structure shall be compatible with surrounding area.

Use shall not be primarily for treatment of alcoholics, contagious disease, drug addicts or psychotics.

Outdoor lighting sources shall not be visible to adjacent properties.

TT.

Photofinishing Labs

These may be permitted subject to the following:

Approval for lab shall be obtained from director of wastewater treatment or his designee prior to building permit or certificate of occupancy being issued.

Labs less than one thousand (1,000) square feet shall not exceed daily water consumption of five thousand (5,000) gallons.

UU.

Places of Assembly

These may be permitted subject to the following:

Shall be located and have direct access to a collector or arterial street as designated by the Comprehensive Transportation Plan.

Off-street parking shall be maintained within a zoning district.

Design of facility shall be compatible with surrounding neighborhoods.

Shall not be located within five hundred (500) feet of a residential zoning district.

Outdoor lighting sources shall not be directly visible to any residential zoning district.

Service areas shall be at the rear of the building and screened from any public right-of-way.

VV.

Plant Nurseries

Shall be incidental to the residence and operated on a non-profit basis.

WW.

Public Service Facilities

These may be permitted subject to the following:

The facility shall have direct access to a collector or arterial street as designated in the Comprehensive Transportation Plan.

Buffering and screening shall meet the requirements of Section 6.04.

Setbacks shall meet the standards of the zoning district in which the facility is located.

Whenever possible such facilities shall be designed and constructed to have the same height and bulk as adjacent structures.

XX.

Public Use Facility

These may be permitted subject to the following:

The facility shall have direct access to a collector or arterial street as shown on the Comprehensive Transportation Plan.

Buffering and screening shall meet the requirements of Section 6.04.

Setbacks shall meet the standards of the zoning district in which the facility is located.

Whenever possible such facilities shall be designed and constructed to have the same height and bulk as adjacent structures.

YY.

Publishing and Printing

These may be permitted subject to the following:

Printing/publishing area shall not exceed two thousand five hundred (2,500) square feet.

All deliveries and service areas shall be to rear of the building and shall be screened from any public right of way.

Water consumption exceeding five thousand (5,000) gallons per day shall be approved by director of wastewater treatment or his designee.

ZZ.

Race Tracks

Minimum lot size shall be forty (40) acres, lot shall have direct access to an arterial street. Bufferyards shall meet the requirements of "Bufferyard F" in Section 6.04. Shall not be located within two thousand (2,000) feet of a zone permitting residential uses.

AAA.

Radio Television Receiving Antenna

Any radio or television receiving dish shall only be located within the rear yard or an interior side yard, provided that such structures are more distant from the street than any part of the principal building on the same lot and any part of the principal building on any lot abutting required side yard.

BBB.

Recycling Collection Center

These may be permitted subject to the following:

Small:

Facility shall not exceed five hundred (500) square feet in size.

Facility may only collect paper, glass, metal and plastic recyclable materials.

Shall be located outside of required parking of host tract.

Shall set back a minimum of ten (10) feet from any street right of way.

Shall not be located within fifty (50) feet of a residential zoning district.

No power-driven equipment shall be permitted.

Containers shall be waterproof and rustproof.

No storage outside of containers shall be permitted.

Container may have logo not exceeding fifteen (15) square feet.

10.

The name, address and phone number of persons responsible for pick-up and maintenance shall be displayed on containers.

Large:

Facilities larger than five hundred (500) square feet shall be on separate lot.

Facilities may not be located closer than one hundred (100) feet to a residential zoning district.

Screening shall comply with Type F Buffer Yard standards.

All loading and storage shall be to rear of building and screened from view of any adjacent right-of-way.

All exterior storage shall be in containers or under shelter which are covered and secured.

No outside storage shall be visible to adjacent properties.

Any facility located within one thousand (1,000) feet of a residential structure or zone may not operate before 7:00 a.m. or after 7:00 p.m.

A site plan detailing layout of operation shall be submitted to the planning department for approval.

CCC.

Residential Event Centers

These may be permitted subject to the following:

No on-street parking shall be permitted.

Off-street parking shall be maintained at a ratio of one-half (.5) spaces per guest. Parking shall be provided on-site or in agreement with a lot owner within five hundred (500) feet of the event facility. A signed agreement is required prior to any event center being permitted.

The facility must be on site that is one (1) acre in size or larger.

Events must end by 9:00 p.m. Sunday-Thursday and 11:00 p.m. Friday and Saturday.

There shall be no more than one hundred fifty (150) guests at any one (1) particular event.

The facility must be the owner's principal residence.

The facility shall strive to limit impacts on adjacent properties by keeping all lighting and sounds directed inward of the property boundary.

Noise shall be such that at no point outside the perimeter of the property measure over ninety (90) decibels.

The site must have a landscaped eight (8) foot buffer or a hardscaped six (6) foot buffer for screening purposes along the property line of adjoining residential properties.

10.

An off-duty sworn police officer must be hired for parking and traffic flow.

11.

A residential event center must be located in a locally designated Historic District.

12.

This section will sunset on May 12, 2019 unless the city council passes a motion for its continuance.

DDD.

Roadside Stands

These may be permitted subject to the following:

Only the occupant of the dwelling may be employed.

Stand may not exceed three hundred (300) square feet in size.

A minimum of three (3) off-street parking spaces with maneuvering area shall be provided.

Any source of outdoor lighting shall not be visible to adjacent properties.

One (1) non-illuminated sign not to exceed fifteen (15) square feet may be erected.

EEE.

Shooting/Firing Ranges (Indoor)

These may be permitted subject to the following:

No such establishment shall be located within two hundred (200) feet of a church or other religious institution, public or private school, daycare or any residential structure. This separation shall be measured from structure to structure.

Certification shall be provided that the structure has been soundproofed and walls lined to prevent any negative impacts to adjoining properties.

FFF.

Sanitariums and Mental Institutions

These may be permitted subject to the following:

Facility shall comply with all applicable Federal, State and local requirements.

Shall have frontage and direct access onto a collector or arterial street as designated in the Comprehensive Transportation Plan.

Minimum lot size shall be five (5) acres, with a minimum lot frontage of three hundred (300) feet.

Structures shall setback a minimum of two hundred (200) feet from all lot lines.

At the time of site plan review facility operators shall provide what measures will be utilized to prevent unauthorized exit of patients, the status of patients to be institutionalized shall be provided to determine need for more elaborate security measures.

Signs shall be limited to one (1) non-illuminated not to exceed six (6) square feet, no other external evidence of sanitarium for identification or advertizing purpose shall be permitted.

Buffer and screening shall comply with Type C Buffer Yard standards.

GGG.

Sewer Treatment Facility

These may be permitted subject to the following:

Buffer Yard and screening shall be determined at site plan review.

All minimum setbacks shall be fifty (50) feet.

Whenever possible the facility shall be designed and constructed to have same height and bulk as adjacent structures.

HHH.

Stables

These may be permitted subject to the following:

Stables used as an accessory use to house animals shall be located no closer than one hundred (100) feet to any structure used for residential purposes.

Grazing, riding areas associated with stable shall also meet one hundred (100) foot separation.

A Type E Buffer Yard shall be maintained around stable/grazing area.

Area shall be maintained in a neat and orderly fashion as not to create nuisances (odor, flies) to adjacent properties.

III.

Truck Stop/Travel Plaza

These may be permitted subject to the following:

Driveway access to the site must be within seven hundred (700) feet of a full access interstate interchange right-of-way.

(Ord. No. 01-14, 3-17-2014; Ord. No. 27-15, 12-7-2015; Ord. No. 29-15, 12-7-2015; Ord. No. 02-16, 2-1-2016; Ord. No. 43-17, 11-20-17)

                    
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